(b)
all representations made by the subscriber to the Certifying Authority and all material
relevant to the information contained in the Digital Signature Certificate are true;
(c)
all information in the Digital Signature Certificate that is within the knowledge of the
subscriber is true.
41.(1) Every subscriber shall exercise reasonable care to retain control of the private key corresponding to the
public key listed in the Digital Signature Certificate and take all steps to prevent its disclosure to a person not
authorised to affix the digital signature of the subscriber.
(2)
If the private key corresponding to the public key listed in the Digital Signature Certificate has been
compromised, then the subscriber shall communicate the same without any delay to the Certifying Authority.
Part IX - 0ffences
42.
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes
another to conceal, destroy or alter any computer source code used for a computer, computer program, computer
system or computer network, when the computer source code is required to be kept or maintained by law for the
time being in force, shall be guilty of an offence and liable on conviction to imprisonment for three years and a
fine of R20,000. For the purposes of this section, “computer source code” means the listing of programmes,
computer commands, design and layout and programme analysis of computer resource in any form.
43.
If any person who is required under this Act or any regulation made thereunder to(a)
Furnish any document, return or report to the Controller or to the Certifying Authority
fails to furnish the same, he shall be guilty of an of offence and shall on conviction be
liable to a fine not exceeding R 10, 000 for each such failure;
(b)
file any return or furnish any information, book or other document within the time
specified therefore in the regulations fails to file the return or furnish the same within
the time specified therefore in the regulations, he shall be guilty of an offence and
liable on conviction to a fine not exceeding R1000 for everyday during which such
failure continues;
(c)
maintain books of account or records fails to maintain the same, he shall be liable to a
fine not exceeding R 10,000.
44.(1) The Controller may, by order, direct a Certifying Authority to take such measures or cease carrying on
such activities as specified in the order to ensure compliance with the provisions of this Act or any regulations
made thereunder.
(2)
Any person who fails to comply with any order under subsection (l) shall be guilty of an offence and shall
be liable on conviction to imprisonment for three years and to a fine not exceeding R20,000.
45.(1) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or
the security of the Republic, friendly relations with foreign States or public order or for preventing incitement to
the commission of any cognizable offence, he may, for reasons to be recorded in writing, by order, direct any
agency or the Government to intercept any information transmitted through any computer resource.
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